General conditions of access and use of the service Mobiliz – Luitré-Dompierre

Article 1: PURPOSE OF THE SERVICE

The provision of electrically assisted bicycles is a service offered by the commune of Luitré-Dompierre. This service allows, after downloading and registering on a dedicated application, access to electrically assisted bicycles for urban and tourist mobility.

Each bike is numbered (number + QR code) in order to be identified.
All of these elements are the property of the commune of Luitré-Dompierre.
Contact details of the operator of the service:
Marie de Luitré-Dompierre
14 Rue de Normandie 35133 Luitré-Dompierre
Tel : + 33 02 99 97 91 26
Mail : accueil@luitre-dompierre.fr
Opening hours: Monday from 1.30 pm to 5 pm, Tuesday to Friday from 8.30 am to 12 pm and Saturday from 9 am to 12 pm.

Customer service contact details:

KOBOO – France Vélo Connecté
74, Avenue Edouard Michelin
63100 Clermont-Ferrand
Tel : 06 37 81 39 94
Mail : hello@koboo.fr
Opening hours: assistance is available 7 days a week, from 9am to 6pm.

Article 2: STRUCTURE OF THE SERVICE

2.1 The service is made up of bicycle stations and bicycles owned by the commune of Luitré.

2.2 Each bike is numbered (number + QR Code) in order to be identified.

2.3 Bikes can be returned to any station.

Article 3: PRACTICAL CONDITIONS FOR ACCESS TO THE SERVICE

3.1 Access to the service

To become a client of the service, the new user accepts the present G.C.U. He/she downloads the « Mobiliz – Luitré-Dompierre » application and fills in the necessary fields as he/she goes along:

– Selection of the number of bikes
– Information on the rental price according to the duration of the rental
– Fill in the credit card fields for payment and deposit
– Flash the QR code of the bike or enter the bike number on the application
– Pick up the bike

The customer must have the bluetooth of his phone activated and must be within 1 meter of the bike to activate the lock. If the lock does not open automatically within 10 seconds, the bike remains locked and the customer must repeat the procedure described above.

3.2 Returning the bike

When the customer returns the bike to a station (at terminals), he must hang up the bike at the terminal and then click on the « end of rental » button in the application. The customer receives a notification and an email notifying the successful return of the bike. After returning the bike, the customer is advised to check that the return was successful. To this end, after dropping off the bike, the customer shall receive an email with the amount debited corresponding to the rental time.

Article 4: MOBILIZ BIKE CLIENTS

The service is accessible to adults holding the following cards:
-VISA
-Mastercard
-American Express

Article 5: AVAILABILITY OF BIKES

5.1 Maximum duration
The Customer may only use the Service for a maximum period of one week. In the event of a dispute as to the duration of use of the bike by the Customer, the data provided by the Service’s computer server shall be deemed authentic.

5.2 Availability of the service
The service is accessible, within the limit of the number of bicycles available, 7 days a week, 24 hours a day, without interruption, to borrow and return a bicycle, except in the event of force majeure or a decision by the Service Provider following the issuance by the competent authorities of a total or partial, temporary or permanent restriction on bicycle traffic in the territory of the municipality.

Article 6: COST AND PAYMENT TERMS

Rental of less than 24 hours :
– From 0 to 10 minutes: 0€.
– From 1 to 6 hours: 1,5 €/hour
– From 6 to 24 hours: 1 €/hour.

Rental beyond 24 hours:
-DAY 2: 5 euros
-DAY 3: 5 euros
-DAY 4 : 2,5 euros
-DAY 5 : 2,5 euros
-DAY 6 : 2,5 euros
-DAY 7 : 2,5 euros

Weekly rental: 40 euros

The customer pays the price of the service in proportion to the duration of use of the service. Any hour started is invoiced in full.

Article 7: OBLIGATIONS OF THE CLIENT

7.1 The customer undertakes to use the bicycle as a normally prudent, diligent and informed person in compliance with these G.C.U.

7.2 The customer assumes custody of the bicycle that he/she has collected and undertakes to do everything possible to prevent its disappearance.

7.3 The customer undertakes to collect and return the bicycle within the authorised period of use. The client accepts in advance that any failure to comply with this obligation will entitle the commune of Luitré-Dompierre to the payment of a fixed penalty of a maximum of 200 euros.

7.4 The client undertakes to return the bicycle after a maximum of one week’s rental.

7.5 The customer undertakes to notify the service provider as soon as possible of the loss, theft or any other problem relating to the use of the bicycle and at the latest within 24 hours of the occurrence of the event, to the customer service number, the bicycle remaining in any event under the customer’s responsibility.

Article 8: RESTRICTIONS ON THE USE OF BIKES

8.1 It is forbidden to lend, hire or transfer the bicycle, which is the property of the commune of Luitré-Dompierre, and/or to use it in any way other than that provided for in these G.C.U.

8.2 It is expressly forbidden for the client to allow the use, free or otherwise, of the bicycle, property of the municipality of Luitré-Dompierre, by any third party.

8.3 The customer is authorised to use the bicycle in accordance with the terms of these G.C.U. provided that he or she makes reasonable use of it, which excludes in particular :
-any use contrary to the provisions of the applicable road regulations
-any use on land or in conditions likely to damage the bicycle
-any total load (customer + basket contents) exceeding 100kg (manufacturer’s standards)
the transport of any passenger in any way whatsoever; – any use of the bicycle that could endanger the safety of the rider
-any use of the bicycle that may endanger the customer or third parties;
-any dismantling or attempted dismantling of all or part of the bicycle and, more generally, any abnormal use of a bicycle.

Article 9: DECLARATIONS AND LIABILITIES OF THE CUSTOMER

9.1 The customer shall be solely and entirely liable for any damage caused by the bicycle or for the use made of the bicycle during the entire period of use, including when the period of use exceeds the authorised period of use in the event of late return by the customer.

9.2 Any delay of more than 10 minutes, beyond the maximum 12-hour rental period (period starting at the time of collection of the bicycle), shall be deemed to constitute a case of disappearance of the bicycle.

9.3 In the event of the disappearance of the bicycle for which the customer is responsible, the customer is obliged to report this disappearance to KOBOO – France Vélo Connecté customer service and to lodge a complaint for theft with the police within 24 hours, the bicycle remaining under the customer’s full responsibility until KOBOO – France Vélo Connecté receives a copy of the complaint.

9.4 In the event of an accident and/or incident involving the bicycle, the customer is obliged to report the facts as soon as possible to the above-mentioned number. However, the bicycle shall remain under the customer’s responsibility, either until it is locked at the station or until it is handed over in person to a representative of the service provider. Failing this, the customer must secure the bicycle with the anti-theft device.

9.5 The customer and, where applicable, his or her legal representative, declare that :
– they are able to use and are in a physical condition suitable for the use of a bicycle,
-they are fully aware of the possible risks associated with the use of a bicycle.

9.6 As the bicycle is placed under the responsibility of the customer, the latter undertakes to carry out, prior to the actual use of the withdrawn bicycle, a basic check of its main apparent functional elements, and in particular (non-exhaustive list) :
– the proper attachment of the saddle, pedals and basket
-the correct functioning of the brakes, bell and lighting
-the good general condition of the frame and tyres.

9.7 The customer is also recommended to:
-adjust the braking distance in case of bad weather,
-adjust the saddle to the correct height for their body shape,
-to wear an approved helmet, a fluorescent safety waistcoat and suitable clothing.

9.8 The Client declares that all information concerning him/her is accurate and that he/she is the holder of a civil liability insurance policy.

Article 10: RIGHTS RESERVED FOR THE PROVIDER

10.1 The Commune of Luitré-Dompierre reserves the right to refuse access to the service to anyone who does not comply with the present G.C.U., without being required to provide any other justification.

10.2 In accordance with the provisions of articles 7, 8 and 9, any liability of the Commune de Luitré-Dompierre in relation to the use that the client may make of the bicycle, or the damage that the client may cause to himself or to third parties as a result of the use of a bicycle is entirely excluded.

Article 11: DEFECTIVE PRODUCTS.

The client acknowledges that the service provider, as designer and owner of the bicycles, is not the manufacturer and that, as such, it cannot be held responsible for any defects in the bicycle related to its manufacture. The bicycles put into service by the service provider comply with decree n°95-937 of 24 August 1995 relating to the prevention of risks resulting from the use of bicycles.

Article 12: PENALTIES
12.1 User of a bicycle
a) At the beginning of each rental period, the customer authorises KOBOO- France Vélo Connecté in advance to request the deduction of a flat-rate amount of 200 euros, in the cases and under the conditions detailed below and listed exhaustively: damage, fraudulent use and/or theft of the bicycle for which the customer was responsible or any other breach by the customer of these G.C.U.
b) The corresponding amount of the penalties is payable at the first request of KOBOO – France Vélo Connecté, in the event of a dispute concerning a breach by the customer of his obligations under these GTCU.
c) The nature and/or the amount of the penalties due to the supplier by the customer in the event of failure of this last is established as follows:
– in the event of damage and theft with damage to the anti-theft device during a one-minute stop or theft with violence to the person: the person who hired the stolen bicycle must pay 35 euros (the receipt of the complaint filed at the police station being proof of this).
-Failure to return the bicycle: 200 euros.

12.2 In the event of a material breach by the customer of these terms and conditions, the service provider shall collect the amount previously agreed or deposited as a deposit by the customer, and shall pay the customer any overpayment within a reasonable period of time in relation to the amounts defined in the above articles.

12.3 The client undertakes to report any change in his relationship with the institution issuing the bank card used or with the bank whose details have been provided in the context of these G.C.U., likely to affect the proper use of the bank card or the direct debit authorisation granted by the said bank during the period of validity.

Article 13: RGPD
13.1 Trackers

13.1.1 Bicycles offered for hire may be geolocated:

– As part of the quality of the service and the monitoring of the community policy, the geolocation of the bicycles makes it possible to provide user data enabling the service provided to the population and the knowledge of cycling on the territory of the CCPLD to be improved. As specified below, the data will be anonymised before being processed. On the other hand, the user may object to the collection of data when signing the rental contract.
– In the event of theft or disappearance of the bicycle, the operator may lift the anonymisation of the data as described below.

Geolocation data is not accessible to Koboo staff or its subcontractors.
The data is anonymised and stored on secure servers located in the
European Union.
Anonymity will only be removed in two cases:
– Theft of the bicycle. The user must report the theft of the bike to Koboo on 06 37 81 39 94 in order to obtain the bike’s location. The user undertakes to provide a complaint declaring the theft within 48 hours of having established the facts. As soon as the bike is found or certified as non-recoverable, the personal data is deleted and the anonymisation is reactivated.
– In the event of non-return at the end of the rental period, in the context of legal proceedings. The data is destroyed 3 months after the bike is returned.
The legal basis for the processing is the legitimate interest (fight against theft).
In addition, anonymised geolocation data (non-reversible anonymisation) is used for statistical purposes, without time limit. No route can be affiliated to a user by Koboo and its subcontractors.

13.1.2 Controller: the personal information provided when subscribing to the contract is processed by Koboo, the controller, and by its subcontractors located in the European Union.

13.1.3 Koboo takes all physical, organisational and technical measures necessary to protect and secure your personal data, and requires its subcontractors to provide equivalent guarantees.

13.1.4 Your rights: you have rights relating to the processing of your data (opposition, access, rectification, deletion, limitation, portability). For more information contact Koboo.

13.1.5 Complaints: without prejudice to any other legal remedy, you have the right to lodge a complaint with the supervisory authority of the country of the European Union in which you reside, work or in which you consider that a violation of your rights has occurred. For France: www.cnil.fr

13.2 Data processing The Service Provider, which is responsible for processing, implements automated processing of personal data for the management of bicycle users.
The data collected is essential for this processing and is used by the relevant departments of the Provider. In accordance with the RGPD regulation, the data are stored on a server specific to KOBOO and secured in France.

In application of the regulation, the customer has a right of interrogation, of access, correction and opposition for legitimate reasons relating to the whole of the data relating to it, which it can exert by postal way near
France Vélo Connecté – KOBOO
74, AVENUE EDOUARD MICHELIN
63100 CLERMONT-FD
Enclosing a copy of an identity document.

ARTICLE 14: SETTLEMENT OF DISPUTES

In the event of complaint, the customer can seize KOBOO by letter sent to the address indicated:

France Vélo Connecté
74, avenue Edouard Michelin
63100 CLERMONT-FERRAND

Article 15: MODIFICATIONS OF THE PRESENT G.C.U.

Customers will be systematically informed of any changes to these GTC. G. A. U. by posting.